Other Disability Issues

questions & answers

Question: My severely disabled (non verbal, non ambulatory) 20 year old son’s health status has declined to the point that his mom and I have agreed not to take any extraordinary intervention. He is being followed at home by Hospice of the Valley. We are being challenged by the treating hospitals to produce a medical POA to recovery his medical records. Given his current medical status the possibility of him surviving more than a couple of weeks are doubtful. Is there an easy and inexpensive way to get guardianship of him and should we?

Answer:

We cannot say what you should or should not do. However, we can give you some information about the law. One can get emergency medical guardianship, but cannot file for emergency guardianship without also filing for “permanent” guardianship. This is an expensive proposition because of all the papers, medical report, and the court hearing involved.

 

Only your son can execute his power of attorney. For a medical power of attorney, your son needs be able to comprehend and indicate agreement. See A.R.S. § 36-3221 for the requirements for a health care power of attorney.

 

Additionally, look to the listed organizations by selecting your county in the "find legal help" box in the bottom right hand corner. You may also find the forms you need at the self-service center at the court in your county.

To find a lawyer, you may want to go to the "find a lawyer" page of the State Bar of Arizona's website, or go to either the Maricopa Bar Lawyer Referral Service or the Pima County Bar Lawyer Referral Service.

Comments:

QUESTIONS

  • My severely disabled (non verbal, non ambulatory) 20 year old son’s health status has declined to the point that his mom and I have agreed not to take any extraordinary intervention. He is being followed at home by Hospice of the Valley. We are being challenged by the treating hospitals to produce a medical POA to recovery his medical records. Given his current medical status the possibility of him surviving more than a couple of weeks are doubtful. Is there an easy and inexpensive way to get guardianship of him and should we?

STORIES

  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

  • Welcome to our Newly Redesigned Website! Let us know how we are doing! Please take a couple of minutes to fill out our survey.

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS